On Friday, POLITICO reported that former President Donald Trump's legal team is reviewing "hundreds" of documents from the National Archives and Records Administration requested by the House select committee on the January 6 Capitol attack, as part of their investigation — but that they are subject to the Biden administration's decision even if they try to block them.
"That move kicks off a process that will result in some tough decisions for Biden's White House counsel, both politically and legally," reported Betsy Woodruff Swan. "That's because the office will have to decide whether to sign off on any efforts from Team Trump to keep sensitive White House communications from becoming public."
Trump at the mercy of Biden as he tries to keep his January 6 communications away from investigators youtu.be
"When it comes to document after document relevant to the Jan. 6 panel's expansive request, Biden White House lawyers will likely face the same tough dilemma: They can either send Congress the material over Trump's objections, entering unprecedented legal territory about the treatment of former presidents; or they can withhold materials from Hill allies, thereby stymieing investigators' access and potentially generating significant political fallout," continued the report.
The Capitol riot committee was created over the furious objections of Republicans in Congress, who killed a bipartisan 9/11 style commission and boycotted naming their own members, although House Speaker Nancy Pelosi (D-CA) installed two Republicans on the committee anyway. House Minority Leader Kevin McCarthy (R-CA) has even threatened telecommunications companies with retaliation if they comply with subpoenas to turn over phone records from Republican members of Congress, a threat some experts have said could be illegal.
Trump, for his part, has attacked the committee from day one, referring to their work as "pathetic" and speaking favorably of the rioters who broke into the Capitol in response to his "Stop the Steal" conspiracy theories.